Crest Construction, Inc. v. Murray
888 S.W.2d 931 | Texas Court of Appeals, 9th District (Beaumont) | 1995
What This Case Means for Subcontractors
Jim Murray, a concrete subcontractor, signed a lien waiver while alive on the Beaumont Job. After his death, his widow Judy filed a mechanic's lien anyway, claiming she had rights to payment. The Texas court ruled that the lien waiver signed by Jim barred Judy from filing any lien claim, and her filing was tortious interference with Crest's contract rights. This case shows that lien waivers are binding and survive the signatory's death—heirs cannot override them.
Key Takeaways
- •A lien waiver signed during your lifetime binds your estate and heirs after death. They cannot file a lien you waived.
- •Filing a lien after waiving your rights exposes you to liability for tortious interference with the contractor's business relationships.
- •Get lien waivers in writing and keep copies. They are enforceable legal documents that protect contractors from future claims.
Neither Jim nor Judy had a right to file a Mechanic's and Materialmen's Lien claim on the Beaumont Job.
Frequently Asked Question
If I sign a lien waiver, can my family file a lien after I die?
No. A lien waiver you sign is binding on your estate and heirs. They cannot file a mechanic's lien on a project you waived rights to. Filing one anyway can expose them to liability for interfering with the contractor's business.
Related Cases
Green International, Inc. v. Solis
No-damages-for-delay clauses in construction contracts need not meet the conspicuousness requirement established in Dresser for exculpatory negligence clauses, and such clauses are enforceable to bar delay damages absent specific exceptions.
Italian Cowboy Partners, Ltd. v. Prudential Insurance Co. of America
A standard merger clause without clear and unequivocal language expressly disclaiming reliance does not bar a fraud claim, even in a commercial lease agreement between parties.
Heldenfels Bros. v. City of Corpus Christi
A municipality owes no duty to a subcontractor to ensure a general contractor provides valid payment bonds, and a subcontractor cannot recover from the municipality under quantum meruit, unjust enrichment, or negligence theories when the general contractor abandons the project.
Department of the Army v. Blue Fox, Inc.
Sovereign immunity bars subcontractors from enforcing equitable liens against the United States Government, as the APA's waiver of immunity does not extend to claims for money damages.
Weize Co. v. Colorado Regional Construction, Inc.
A general contractor violated Colorado's construction trust fund statute by failing to hold funds in trust for subcontractors and suppliers, and a lien release bond does not exempt contractors from trust fund obligations or excuse failure to record a lis pendens.
Rice v. Pinney
A county court has jurisdiction to determine immediate possession in a forcible detainer action even when a concurrent district court suit challenges title, provided the possession determination does not necessarily require resolving the title dispute.